Former Vandy football player's legal team shrinks as two lawyers move to withdraw

Nov. 8, 2013

Vanderbilt player Brandon Vandenburg, middle, stands with his attorneys Nathan Colburn, left, and David King, right, during a discussion hearing at the Birch Building Wednesday, Oct. 16, 2013 in Nashville, TN. / Sanford Myers / The Tennessean

Written by

Brian Haas

The Tennessean

Two attorneys for a former Vanderbilt University football player accused of raping an unconscious student are withdrawing from the case, leaving his defense team in question.

Attorneys David King and Nathan Colburn, who had been hired by former player Brandon Vandenburg, filed a motion in court to withdraw from the case Friday. They had been part of a four-person team representing Vandenburg, and their withdrawal means that their counterparts, an attorney and a retired judge from California, will have to find another lawyer to sponsor their involvement or face being excluded from the case.

When reached Friday, King declined to go into details about why he and Colburn decided to call it quits.

“We felt like it was in everybody’s best interest that we withdraw,” King said.

Vandenburg, 20, from Indio, Calif.; Cory Batey, 19, of Nashville; Brandon Eric Banks, 19, from Brandywine, Md.; and Jaborian McKenzie, 18, from Woodville, Miss., are each charged with five counts of aggravated rape and two counts of aggravated sexual battery. Vandenburg also is charged with one count of unlawful photography and tampering with evidence.

All four have pleaded not guilty and are free on bonds ranging from $50,000 to $350,000.

Vandenburg initially retained King, who then had a medical emergency that required Colburn to step in. He also retained Albert Perez Jr., a West Covina, Calif.-based attorney who has been allowed to officially join the case. Retired California Judge Eugene Osko also joined the defense team but hasn’t yet been recognized by Davidson County’s criminal court.

If King and Colburn pull out, Perez would no longer have a local sponsor, meaning he’d have to find another local attorney or risk being booted from the case.

Perez, who is a family friend of Vandenburg’s, said the withdrawal shouldn’t affect his defense.

“Mr. Vandenburg’s defense to the allegations contained in the indictment is being aggressively pursued because our client is innocent,” Perez said. “It is anticipated that Mr. Vandenburg will retain an aggressive local attorney who will join his defense team.”

The motion to withdraw by King and Colburn is scheduled to get a hearing Thursday in front of Criminal Court Judge Monte Watkins.